Health Act (COVID-19 Alert Level 3) Order 2020
Health Act (COVID-19 Alert Level 3) Order 2020: revoked, at 12.01 am on 14 May 2020, by clause 24 of the COVID-19 Public Health Response (Alert Level 2) Order 2020 (LI 2020/84).
Reprint as at 14 May 2020
Health Act (COVID-19 Alert Level 3) Order 2020
(LI 2020/69)
Health Act (COVID-19 Alert Level 3) Order 2020: revoked, at 12.01 am on 14 May 2020, by clause 24 of the COVID-19 Public Health Response (Alert Level 2) Order 2020 (LI 2020/84).
Note
Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.
Note 4 at the end of this reprint provides a list of the amendments incorporated.
This order is administered by the Ministry of Health.
Pursuant to section 70(1)(f) and (m) of the Health Act 1956, for the purpose of preventing the outbreak or spread of COVID-19, an infectious disease, Dr Ashley Bloomfield, Director-General of Health, exercising the functions of a Medical Officer of Health for all districts of New Zealand (that is, nationally), in circumstances where a state of emergency has been declared under the Civil Defence Emergency Management Act 2002 and there is an epidemic notice in force, makes the following order.
Contents
Order
1 Title
This Order is the Health Act (COVID-19 Alert Level 3) Order 2020.
2 Commencement
This order comes into force at 11.59 pm on 27 April 2020.
Part 1 Preliminary provisions
3 Background
(1)
On 24 March 2020, the Prime Minister, with the agreement of the Minister of Health, gave a notice under section 5 of the Epidemic Preparedness Act 2006. The epidemic notice allows the use of special powers by the Medical Officer of Health in accordance with section 70 of the Health Act 1956 for the purpose of preventing the outbreak or spread of COVID-19.
(2)
A state of national emergency was declared under the Civil Defence Emergency Management Act 2002, with effect from 12.21pm on 25 March 2020. It has been extended weekly since 25 March 2020 and may be further extended.
(3)
From 25 March 2020, an order under section 70(1)(m) of the Health Act 1956 required that premises be closed and forbade congregation in outdoor places of amusement or recreation.
(4)
From 31 March 2020, an order under section 70(1)(f) of the Health Act 1956 applied to arrivals into New Zealand providing certain isolation or quarantining requirements.
(5)
From 3 April 2020, an order under section 70(1)(f) of the Health Act 1956 applied to all persons in New Zealand providing certain isolation or quarantining requirements.
(6)
From 9 April 2020, an order under section 70(1)(e), (ea), and (f) of the Health Act 1956 applied to arrivals by air into New Zealand providing further isolation or quarantining requirements.
4 Purpose
(1)
The purpose of this order is to prevent the outbreak or spread of COVID-19 by limiting the movement of people, and contact between people, in New Zealand, in aggregate, while—
(a)
ensuring the provision of services that are needed to respond to COVID-19, ensure the necessities of life for people in New Zealand, and maintain public health, safety, and security; and
(b)
enabling some movement and contact in particular—
(i)
for the purposes of education, work, accessing services, and limited recreation; and
(ii)
where public health measures such as good hygiene and cleaning measures, physical distancing, contact tracing, and minimising interactions in groups apply (whether under this order, other health and safety requirements, or guidance).
(2)
In this order, guidance includes public health guidance issued by the Ministry of Health, workplace guidance issued by WorkSafe, maritime guidance issued by Maritime New Zealand, and guidance issued to education entities by the Ministry of Education.
5 Definitions in Schedule 1
Schedule 1 defines the terms used in this order.
Part 2 Measures to prevent the outbreak or spread of COVID-19
Isolation or quarantine requirements
6 Isolation or quarantine requirements
(1)
All persons within all regions of New Zealand must be isolated or quarantined as follows:
(a)
to remain at their current home or place of residence, except for essential personal movement; and
(b)
to maintain physical distancing, except—
(i)
from any fellow resident; or
(ii)
to the extent necessary to access, or provide, a business or service to which physical distancing infection control measures apply under clause 10; and
(c)
if their home or place of residence is mobile, to keep that home or place of residence in the same general location, except to the extent they would be permitted (if it were not mobile) to leave the home or place of residence as essential personal movement.
(2)
This requirement does not apply to a person while the Health Act (Managed Air Arrivals) Order or the Health Act (Other Arrivals) Order applies to that person.
7 Permissions for essential personal movement or recreation
A person is permitted to do any of the following as essential personal movement:
Accessing businesses or services
(a)
leave their home or place of residence for the purpose of accessing any business or service that has the relevant infection control measures in operation if—
(i)
doing so for their own needs or on behalf of a fellow resident, a vulnerable person, or a high-risk person; and
(ii)
the business or service is in the same region (or is the nearest business or service of that kind):
Attending education entities
(b)
leave their home or place of residence for the purpose of attending any education entity that has the relevant infection control measures in operation if—
(i)
they are permitted to attend the education entity under those measures; and
(ii)
the education entity is in the same or an adjacent region:
Working
(c)
leave their home or place of residence for the purpose of providing a business or service that has the relevant infection control measures in operation (or to do necessary work at any premises under clause 9(3)) if the business or service is—
(i)
in the same or an adjacent region; or
(ii)
in another region to the extent that doing so is necessary for the purpose of a business or service listed in Part 3 of Schedule 2 (and, if necessary, stay in temporary accommodation in that region), and then return to their home or place of residence:
(d)
leave their home or place of residence for the purpose of working at an education entity that has the relevant infection control measures in operation if the education entity is in the same or an adjacent region:
Limited recreation purposes
(e)
leave their home or place of residence for the purpose of exercise or other recreation if—
(i)
it is done in an outdoor place appropriate for that kind of exercise or recreation that is readily accessible (including by using their vehicle) from their home or place of residence (and, in any case, is within the same or an adjacent region); and
(ii)
it is done in compliance with the requirements that relate to physical distancing (see clause 6(1)(b)) and the prohibition against congregating (see clause 11); and
(iii)
it does not involve flying manned aircraft, scuba-diving, hunting in motorised vehicles, hunting or killing of game birds, or water-based activities involving sailing boats, motorised craft, or motorised equipment; and
(iv)
it does not involve any other activities that expose the participant to danger (taking account of their experience and abilities):
Limited customary purposes
(f)
leave their home or place of residence for the purpose of exercising Māori customary rights to fishing and food gathering if—
(i)
it is done in an outdoor place appropriate for that kind of activity that is readily accessible (including by using their vehicle) from their home or place of residence (and, in any case, is within the same or an adjacent region); and
(ii)
it is done in compliance with the requirements that relate to physical distancing (see clause 6(1)(b)) and the prohibition against congregating (see clause 11); and
(iii)
it does not involve flying manned aircraft, scuba-diving, hunting in motorised vehicles, or water-based activities involving sailing boats, motorised craft, or motorised equipment; and
(iv)
it does not involve any other activities that expose the participant to danger (taking account of their experience and abilities):
Controlled gatherings
(g)
leave their home or place of residence for the purpose of attending—
(i)
a controlled gathering in the same or an adjacent region; or
(ii)
a controlled gathering in another region if it is a funeral service or tangihanga:
Extended bubble arrangements and shared caregiving arrangements
(h)
leave their home or place of residence for the purpose of visiting or staying at another home or place of residence (and then visiting or staying) if those homes or residences have an extended bubble arrangement and are in the same or adjacent regions:
(i)
if a child, leave the extended bubble arrangement of 1 shared caregiver for the purpose of visiting or staying at the extended bubble arrangement of another shared caregiver (and then visiting or staying):
Relocating premises
(j)
relocate their home or place of residence or business premises, and leave their home or place of residence or business premises for the purpose of arranging and carrying out the relocation (including for inspection of the property or a potential property):
Accessing medical services, visiting hospitals, accessing courts, emergencies, court orders, etc
(k)
leave their home or place of residence for the purpose of accessing medical services, or for the purpose of visiting people in hospital care facilities, rest home facilities, or residential disability care facilities (as those terms are defined in the Health and Disability Services (Safety) Act 2001):
(ka)
leave their home or place of residence to care for their pets or other animals in the same or an adjacent region:
(l)
leave their home or place of residence to attend a court, tribunal, New Zealand Parole Board hearing, or other judicial institution:
(m)
leave their home or place of residence if necessary to preserve their own or any other person’s life or safety:
(n)
change their home or place of residence if necessary to use another temporary or emergency home (for example, for care while sick or to seek refuge in women’s refuge accommodation):
(o)
leave or change their home or place of residence as required by a court order or any other power under any enactment to order a person to be detained, to change their place of detention, or otherwise determine their place of residence (for example, a direction of the New Zealand Parole Board or a probation officer), or to return to a home or place of residence after that detention or determination ceases:
Travel home by managed arrivals or travel by visitors to leave New Zealand
(p)
in the case of a person who has arrived in New Zealand (and to whom the Health Act (Managed Air Arrivals) Order or the Health Act (Other Arrivals) Order does not or no longer applies), travel directly to their intended home or place of residence in New Zealand:
(q)
in the case of a person intending to leave New Zealand to return to their home jurisdiction, travel directly to the airport from which they will leave New Zealand (without using a Cook Strait ferry service) or to any place of isolation or quarantine to be undertaken immediately before they leave New Zealand:
Compassionate grounds
(r)
leave their home or place of residence to undertake travel that is permitted by the Director-General on the basis that—
(i)
it is for the purpose of urgent care for a child or for the purpose of supporting a person in a critical or terminal condition; and
(ii)
no other appropriate person is able to provide that care or support:
Other
(s)
leave their home or place of residence to assist another fellow resident to travel to carry out essential personal movement or to accompany a fellow resident carrying out essential personal movement.
Clause 7(e)(iii): amended, on 30 April 2020, by clause 4(1) of the Health Act (COVID-19 Alert Level 3) Amendment Order 2020 (LI 2020/72).
Clause 7(j): amended, on 30 April 2020, by clause 4(2) of the Health Act (COVID-19 Alert Level 3) Amendment Order 2020 (LI 2020/72).
Clause 7(ka): inserted, on 30 April 2020, by clause 4(3) of the Health Act (COVID-19 Alert Level 3) Amendment Order 2020 (LI 2020/72).
Clause 7(s): amended, on 30 April 2020, by clause 4(4) of the Health Act (COVID-19 Alert Level 3) Amendment Order 2020 (LI 2020/72).
Closure of premises
8 Purpose of clauses 9 and 10
The purpose of clauses 9 and 10 is to restrict the use of premises unless there are key public health measures in place to minimise the risk of movement, contact, or congregation of people (without limiting other public health measures that should also be taken to meet health and safety requirements and other guidance).
9 Closure of premises without infection control measures in operation
(1)
Restricted premises of the kinds to which infection control measures apply under clause 10 must be closed in all districts of New Zealand unless the required infection control measures are operating.
(2)
All other restricted premises must be closed.
(3)
However, this clause does not prevent a person from undertaking any necessary work in any restricted premises for either of the following purposes:
(a)
minimum basic operations required to maintain the condition or value of, or clean, the premises, plant, equipment, or goods, care for animals, receive stock or freight, and enable and support workers to be able to continue to work remotely from their homes:
(b)
work required to prepare the premises for opening (and meet public health guidance).
(4)
For the purposes of this clause and clause 10,—
(a)
premises are restricted unless they are premises described in section 70(1A) of the Act (for example, private dwellinghouses or courts); and
(b)
restricted premises are under the control of a business or service to the extent those premises are managed or controlled by the person or entity that carries on the business or service.
Clause 9(3): replaced, at 1 pm on 12 May 2020, by clause 4 of the Health Act (COVID-19 Alert Level 3) Amendment Order (No 3) 2020 (LI 2020/82).
10 Which infection control measures are relevant for which restricted premises
(1)
For the purposes of clause 9, the following are the required infection control measures for restricted premises under the control of businesses or services of the following kind:
| Physical distancing measure | Contact tracing measure | On-premises customers and clients prohibition measure | Food and drink prohibition measure | Specific measures | ||||||
|---|---|---|---|---|---|---|---|---|---|---|
| Category A business or service (see Part 1 of Schedule 2) | ✓ | ✓ | ||||||||
| Category B business (see Part 2 of Schedule 2) | ✓ | ✓ | ||||||||
| Public transport service | ✓ | |||||||||
| Venue business | ✓ | ✓ | ✓ | |||||||
| Category C business or service (whether or not in Schedule 2) | ✓ | ✓ | ✓ | ✓ |
(2)
For the purposes of this clause, an infection control measure of the following kind requires sufficient systems and processes to do the following:
| An infection control measure of the following kind ... | ... requires sufficient systems and processes to do the following: | |
|---|---|---|
| Physical distancing measure | (a)ensure physical distancing can be maintained by persons accessing and using the premises, so far as is reasonably practicable taking into account the nature of the business or service; and (b)mitigate the risks that arise to the extent physical distancing is not fully maintained on the premises: |
|
| Contact tracing measure | support contact tracing of persons who access or use the premises: | |
| On-premises customers and clients prohibition measure | (a)ensure no customers or clients enter the premises (other than only, and then to the minimum extent necessary, to collect goods through a method that minimises physical contact and does not involve entering a building); and (b)ensure there is no close personal contact with customers or clients: |
|
| Food and drink prohibition measure | prevent food or drink being served for consumption on the premises (unless the service is an accommodation service): | |
| Specific measures for education entities | (a)for all education entities, keep children, students, and teachers, to the extent reasonably practicable, in groups that are appropriately sized and stable; and (b)for schools, limit students’ physical attendance to years 1 to 10: |
|
| Specific measures for venue businesses | ensure the premises are used only for the purpose of a controlled gathering. |
Example
A clothing retail business wants to operate under Alert level 3. It prohibits customers from entering but also offers an online ordering and pick-up or delivery service. The pick-up service is a “click and collect” service from the underground carpark outside the shopping mall (to comply with the requirement under this clause to minimise physical contact for collection of goods). The online delivery service is also contactless (so as to comply with the requirement for physical distancing that applies to all persons under clause 6(1)(b)).
Prohibitions on outdoor congregations
11 Prohibition on congregating in outdoor places
(1)
People must not congregate in any restricted place.
(2)
A place is restricted for the purpose of this clause if it is an outdoor place of amusement or recreation other than a venue used for gatherings that has the applicable infection control measures in operation.
Other matters
12 Amendment to Health Act (Other Arrivals) Order
The Health Act (Other Arrivals) Order is amended by replacing “(except those air crew who have used appropriate personal protective equipment in accordance with Ministry of Health guidelines)”
with “(except those to whom the order made under section 70(1)(f) on 9 April 2020 applies, excluded arrivals under that order, or air crew who have used appropriate personal protective equipment in accordance with Ministry of Health guidelines)”
.
13 Previous orders revoked
The following orders under section 70 of the Act are revoked:
(a)
the section 70(1)(m) order to close premises and forbidding congregation in outdoor places of amusement or recreation effective on and from 25 March 2020:
(b)
the section 70(1)(f) order relating to all persons in New Zealand effective on and from 3 April 2020.
Schedule 1 Interpretation
In this order, unless the context otherwise requires,—
Act means the Health Act 1956
adjacent, in relation to a region, includes adjacent even if there is water separating the regions (other than the Cook Strait)
category A business or service means a business or service listed in Part 1 of Schedule 2
category B business means a business listed in Part 2 of Schedule 2
category C business or service means any business or service (whether or not listed in Schedule 2) but excludes a category A business or service, a category B business, a venue business, or a public transport service
congregating does not include people maintaining physical distancing as required by clause 6(1)(b)
controlled gatherings means a gathering that meets all of the following requirements:
(a)
at which there are no more than 10 people at any one time (including any celebrant, organiser, or other assistant); and
(b)
that is for one of the following purposes:
(i)
a funeral service:
(ii)
a tangihanga:
(iii)
a wedding or civil union service; and
(c)
at which no food or drink is served
customers and clients, for an education entity, does not include students attending the education entity
education entity has the same meaning as in section 476B of the Education Act 1989
extended bubble arrangements means an agreement by all of the residents (other than a person under 18 years) of 2 or more homes or places of residence to isolate or quarantine in accordance with this order as if they were 1 residence for the purpose of keeping connections with family or whānau, enabling caregiving, or supporting persons living alone or otherwise isolated
essential personal movement means movement permitted as essential personal movement under clause 7
fellow resident, for any person A, means another person who resides at—
(a)
the same home or place of residence as person A; or
(b)
another home or place of residence in relation to which person A has an extended bubble arrangement
game bird means a game bird specified in Schedule 1 of the Wildlife Act 1953
guidance has the meaning set out in clause 4(2)
Health Act (Managed Air Arrivals) Order means the order made under section 70(1)(f) of the Act on 9 April 2020
Health Act (Other Arrivals) Order means the order made under section 70(1)(f) of the Act on 31 March 2020
high-risk person means a person who has been diagnosed with COVID-19, has COVID-19 symptoms, is being or has been tested for COVID-19 and is awaiting a test result, or has been in close contact with someone with suspected, probable or confirmed COVID-19 in the last 14 days
home or place of residence—
(a)
includes a campervan, caravan, or other vehicle or temporary structure (for example, a tent) that is a place of residence; and
(b)
in the case of a building, includes the land that is part of the property on which the building is situated (other than any common areas); and
(c)
includes any prison, hospital, or other facility or place in which a person is detained or compulsorily placed under any enactment
physical distancing means—
(a)
for premises under the control of a category A business or service, remaining 1 metre away from people or, if closer than 1 metre, being there for less than 15 minutes; and
(b)
for premises under the control of a category B business,—
(i)
for those providing the business, remaining 1 metre away from any other person providing the business or, if closer than 1 metre, being there for less than 15 minutes; and
(ii)
in any other case, remaining 2 metres away from people or, if closer than 2 metres, being there for less than 15 minutes; and
(c)
for premises under the control of a category C business or service, remaining 1 metre away from people or, if closer than 1 metre, being there for less than 15 minutes; and
(d)
in any other case, remaining 2 metres away from other people or, if closer than 2 metres, being there for less than 15 minutes
premises has the same meaning as in section 2(1) of the Act (which includes any commercial premises, private premises, vehicle, ship, or aircraft)
public transport service has the same meaning as in section 5(1) of the Land Transport Management Act 2003; but
(a)
includes air transport that is available to the public generally; and
(b)
excludes small passenger service vehicles (as defined in that Act)
region means the area of the Civil Defence Emergency Management Group (under the Civil Defence Emergency Management Act 2002) of which the relevant territorial authority is a member
relevant infection control measures means the measures that apply to premises of the relevant business or service under clause 10
shared caregiver, in relation to a child, means a person who, under an agreement, or a parenting order or an interim parenting order made under of the Care of Children Act 2004, has the role of providing the day-to-day care of the child
venue business means a business of providing a venue for gatherings (whether as the main or ancillary part of the business)
vulnerable person means a person who is at significant risk of serious illness if they contract COVID-19.
Schedule 1 game bird: inserted, on 30 April 2020, by clause 5 of the Health Act (COVID-19 Alert Level 3) Amendment Order 2020 (LI 2020/72).
Schedule 2 Businesses and services
Part 1 Category A businesses or services
| Number | Business or service | |
|---|---|---|
| 1 | Border services provided by Immigration New Zealand, the New Zealand Customs Service, Maritime New Zealand, and the Ministry for Primary Industries. | |
| 2 | Health services of the following kind or delivered by the following providers: | |
|
||
| 3 | Arrest, detention, and custodial services provided by the Crown and the courts of New Zealand (but without limiting the exclusion from the closure of premises in clause 9(4)(a)). | |
| 4 | Emergency services provided by Fire and Emergency New Zealand, the New Zealand Defence Force, and New Zealand Police. | |
| 5 | Services provided under the Oranga Tamariki Act 1989, and other social services provided to support persons to maintain critical wellbeing and as crisis support for people who are unsafe or homeless. | |
| 6 | Transport services provided by any small passenger service vehicle, rental car services, or car share services. | |
| 7 | Early childhood services and schools. | |
| 8 | New Zealand Police. | |
| 9 | New Zealand Parole Board. | |
| 10 | Veterinary services and animal health and welfare services. | |
| 11 | Civil defence emergency management services provided by the National Emergency Management Agency and Civil Defence Emergency Management Groups. |
Schedule 2 Part 1 item 4: amended, on 30 April 2020, by clause 6(1) of the Health Act (COVID-19 Alert Level 3) Amendment Order 2020 (LI 2020/72).
Schedule 2 Part 1 item 10: inserted, on 30 April 2020, by clause 6(2) of the Health Act (COVID-19 Alert Level 3) Amendment Order 2020 (LI 2020/72).
Schedule 2 Part 1 item 11: inserted, on 30 April 2020, by clause 6(2) of the Health Act (COVID-19 Alert Level 3) Amendment Order 2020 (LI 2020/72).
Part 2 Category B businesses
| Number | Business or service | |
|---|---|---|
| 1 | Supermarkets and dairies. | |
| 2 | Petrol stations, including any stores operating as part of the petrol station. | |
| 3 | Pharmacies. | |
| 4 | Accommodation services. | |
| 5 | Licensing trusts. | |
| 6 | Hardware and DIY stores, but only for the purpose of sale to trade customers. |
Part 3 Businesses or services for which interregional travel permitted for work purposes
| Number | Business or service | |
|---|---|---|
| 1 | Any category A business or service (other than early childhood services and schools). | |
| 2 | Any category B business. | |
| 3 | Public services, including local government, national government, and critical operations at foreign missions based in New Zealand (including agencies involved in public safety and national security) and critical Crown entities. | |
| 4 | Justice sector, including Courts of New Zealand, Corrections facilities and related services, and tribunals (but note that this list does not affect the exclusion from the closure of premises in clause 9(4)(a)). | |
| 5 | Parliament, including members of Parliament, parliamentary staff, and any officer of Parliament (but note that this list does not affect the exclusion from the closure of premises in clause 9(4)(a)). | |
| 6 | Building and construction work of the following kind: | |
|
||
| 7 | Production, supply, delivery, and sale of fast-moving consumer goods. | |
| 8 | Consumer and business financial services, financial services infrastructure including banking services, financial product markets, broking services, payment and settlement systems, funds management including KiwiSaver, insurance services, financial advice, and support services such as administrators, supervisors and custodians. | |
| 9 | Primary industry services of the following kind: | |
|
||
| 10 | Scientific services (including research organisation) of the following kind or provided by the following entities or facilities: | |
|
||
| 11 | Transport and logistics services of the following kind or provided by the following entities: | |
|
||
| 12 | Utilities and communications of the following kinds or provided by the following entities: | |
|
||
| 13 | Other services of the following kinds or provided by the following entities: | |
|
||
| 14 | A supplier, whether directly or indirectly through another supplier, to another business or service listed in Part 3 of this schedule (for example, suppliers of raw materials, recruitment, maintenance, repair, communications or IT equipment, or safety equipment). |
Schedule 2 Part 3 item 9: amended, on 30 April 2020, by clause 6(3) of the Health Act (COVID-19 Alert Level 3) Amendment Order 2020 (LI 2020/72).
Schedule 2 Part 3 item 11: amended, on 30 April 2020, by clause 6(4) of the Health Act (COVID-19 Alert Level 3) Amendment Order 2020 (LI 2020/72).
Dated at Wellington this 24th day of April 2020.
Dr A R Bloomfield,
Director-General of Health.
Date of notification in Gazette: 24 April 2020.
Reprints notes
1 General
This is a reprint of the Health Act (COVID-19 Alert Level 3) Order 2020 that incorporates all the amendments to that order as at the date of the last amendment to it.
2 Legal status
Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.
3 Editorial and format changes
Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.
4 Amendments incorporated in this reprint
COVID-19 Public Health Response (Alert Level 2) Order 2020 (LI 2020/84): clause 24
Health Act (COVID-19 Alert Level 3) Amendment Order (No 3) 2020 (LI 2020/82)
Health Act (COVID-19 Alert Level 3) Amendment Order (No 2) 2020 (LI 2020/78)
Health Act (COVID-19 Alert Level 3) Amendment Order 2020 (LI 2020/72)